A wrongful death claim is a claim made to seek justice for the deathof a loved one due to a negligent action of another individual. The claim can be made under the Family Law Act, which entitles the family members of the deceased to be compensated. Here’s everything you need to know about a wrongful death claim.
Members of the Deceased Who can Claim Wrongful Death
Not all family members are entitled to claim wrongful death. Following are the eligible claimants:
- Spouse
- Children
- Parents
- Siblings
- Grandparents
Time Limit to File the Claim
According to Ontario’s Limitation’s Act, the claim must be filed within two years of the date of death of the loved one.
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Four Key Elements of a Wrongful Death Claim
There are four key elements in a wrongful Death: negligence, breach of duty, causation and damages. It’s important to understand each of these to completely grasp the nature of the lawsuit.
Negligence
The family members must prove that the death of their loved one was due to the carelessness and negligence of the defendant.
Breach of Duty
The family member must prove that the defendant had a duty towards the deceased person—for example, the duty of medical health professionals to maintain the health of their patients.
Causation
The plaintiff must relate how this breach of duty and negligence became the cause for the death of their loved one.
Damages
These are all the expenses, losses, and damages that the person had to or will have to bear due to the death of their loved one.
Different Types of Compensations
There are different types of compensations for different types of losses. Following are some of the damages that a family member can claim:
- Funeral and burial related expenses
- Expenses incurred by the family members due to the death
- Damages for the loss of family income
- Damages for the loss of guidance and care
- Damages for the loss of housekeeping services
Statutory Accident Benefits
In addition to the compensation received from the defendant, a family member of a deceased lost in car accidents may also be entitled to the Ontario’s Statutory Accidents Benefits Schedule (SABS). This includes the following:
- Spouse’s Benefit– A $25,000 payment to the deceased’s spouse
- Dependent’s Benefit– A $10,000 payment to each dependent child. If the deceased didn’t have a spouse, the spousal benefit is also split between the dependent children.
- Funeral Benefit– A $6,000 payment to pay for funeral and burial.
Common Causes of Wrongful Death
Some of the most common causes of wrongful death are:
- Accidents
- Medical malpractice
- Product defects
- Occupational hazards and exposures
Hiring the Right Legal Professionals
If you’re planning to file a wrongful death claim, make sure to hire the right legal professionals to represent you. Lawyers with the right experience to fight wrongful death claims can really help you win the case. If you’re looking for such lawyers in Mississauga, contact Nanda and Associate Lawyers Professional Corporation. We handle family law, real estate, and personal injury cases and are one of the best Canadian Immigration lawyers to make your dream to study in Canada come true.
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